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2021 Supreme(Mad) 2816

V.BHAVANI SUBBAROYAN
Karikalan – Appellant
Versus
Rangammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.V.Seshachari

ORDER :

This Civil Revision Petition has been filed against the fair and decreetal order dated 10.11.2020 passed in I.A.No.1 of 2019 in O.S.No.73 of 2007 on the file of the Sessions Judge, Mahila Court, Kanchipuram District at Chengalpet.

2. The case of the petitioner is that he is a 2nd defendant in the suit in O.S.No.73 of 2007 and the said suit was filed by the respondents 1 to 8 for partition and other reliefs. The Patta is standing in the name of the 9th respondent/1st defendant and the same was transferred in the name of the petitioner herein. The plaintiffs while initiating the suit proceedings have not paid the appropriate Court fees and they have no right to pay Court fee as per Section 37(2) of the TNCF Act 14, 1955. The petitioner/2nd defendant has filed an application under Section 12(3) of the TNCF Act 14 of 1955 in I.A.No.1 of 2019 before the Sessions Judge, Mahila Court, Kanchipuram District, Chengalpet, stating that the valuation adopted by the plaintiffs and the Court fee paid by them are wrong and the said issue has to be decided as a preliminary issue.

3. Denying the averments in the said application, a counter statement was filed by the 6th respondent which was ado

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